Case: 14-13951 Date Filed: 05/14/2015 Page: 1 of 2
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 14-13951
Non-Argument Calendar
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D.C. Docket No. 1:13-cv-23281-JAL
GERARDO GONZALEZ,
YAMEL GONZALEZ,
Plaintiffs - Appellants,
versus
WELLS FARGO BANK, N.A.,
A National Bank Association,
f.k.a. Wachovia Bank,
Defendant - Appellee.
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Appeal from the United States District Court
for the Southern District of Florida
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(May 14, 2015)
Case: 14-13951 Date Filed: 05/14/2015 Page: 2 of 2
Before MARCUS, WILSON, and WILLIAM PRYOR, Circuit Judges.
PER CURIAM:
Gerardo Gonzalez and Yamel Gonzalez appeal the dismissal of their
complaint against Wells Fargo Bank as time-barred by Florida’s four-year statute
of limitations for fraud claims. Their complaint alleges that Wells Fargo
fraudulently induced them to obtain a $600,000 home equity loan for which they
were unqualified and one which they were unable to pay back. They contend that
the statute of limitations clock began to run either in (1) April of 2007 when they
closed on the loan, or (2) July 2008 when William Martucci, Yamel’s father,
ceased making payments on the loan, which is when they either discovered or
should have discovered the accrual of the fraud. Taking the allegations of the
complaint as true and upon thorough review, we conclude that the district court
was correct in dismissing the case pursuant to Federal Rule of Criminal Procedure
12(b)(6) because the Gonzalezes’ complaint was filed more than four years after
either scenario. Therefore, the judgment of the district court is
AFFIRMED.
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